This Indemnity NDA is designed for situations where parties need to share sensitive confidential information while ensuring robust protection through both confidentiality obligations and indemnification provisions. It is particularly suitable for high-value commercial relationships, technology transfers, joint ventures, or due diligence processes where the disclosure of confidential information carries significant risks. The agreement complies with New Zealand legal requirements and includes comprehensive provisions for defining confidential information, permitted uses, security measures, and indemnification obligations. This document type is commonly used in situations where standard NDAs may not provide sufficient protection, and where the disclosing party requires additional assurance through specific indemnification commitments from the receiving party.
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1. Parties: Identifies and defines the parties to the agreement, including their legal names, addresses, and company registration details
2. Background: Sets out the context and purpose of the agreement, including the nature of the confidential information to be shared
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Confidentiality Obligations: Details the core obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, including to representatives and as required by law
6. Indemnification: Sets out the indemnification obligations, including scope, process, and limitations
7. Security Measures: Specifies required security measures for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions clarifying ownership and handling of IP rights when the confidential information includes IP
2. Data Protection: Specific provisions for handling personal data under NZ Privacy Act 2020, needed when personal information is involved
3. Dispute Resolution: Detailed procedures for handling disputes, recommended for high-value or complex relationships
4. Insurance Requirements: Specific insurance obligations related to the indemnification, useful for high-risk situations
5. Regulatory Compliance: Industry-specific compliance requirements, needed for regulated industries
6. Audit Rights: Rights to audit compliance with the agreement, useful for high-risk situations or regulated industries
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of personnel authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Schedule 4 - Permitted Purpose: Detailed description of the permitted use of confidential information
5. Appendix A - Notice Requirements: Contact details and procedures for serving notices under the agreement
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Affiliate
Authorized Purpose
Authorized Representatives
Business Day
Claim
Commencement Date
Damages
Defaulting Party
Derived Information
Disclosing Group
Excluded Information
Force Majeure Event
Indemnified Parties
Indemnifying Party
Intellectual Property Rights
Loss
Material Breach
Notice
Permitted Disclosees
Personal Information
Professional Advisors
Representatives
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Disclosing Party
Receiving Party
Affiliate
Authorized Purpose
Authorized Representatives
Business Day
Claim
Commencement Date
Damages
Defaulting Party
Derived Information
Disclosing Group
Excluded Information
Force Majeure Event
Indemnified Parties
Indemnifying Party
Intellectual Property Rights
Loss
Material Breach
Notice
Permitted Disclosees
Personal Information
Professional Advisors
Representatives
Security Requirements
Subsidiary
Term
Third Party
Trade Secrets
Clauses
Confidentiality
Indemnification
Permitted Use
Permitted Disclosure
Security Measures
Data Protection
Return of Information
Term and Termination
Intellectual Property
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Notices
Entire Agreement
Severability
Variation
Waiver
Costs
Counterparts
Third Party Rights
Survival
Remedies
Warranties
Breach
Indemnification
Permitted Use
Permitted Disclosure
Security Measures
Data Protection
Return of Information
Term and Termination
Intellectual Property
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Notices
Entire Agreement
Severability
Variation
Waiver
Costs
Counterparts
Third Party Rights
Survival
Remedies
Warranties
Breach
Relevant Industries
Technology
Research and Development
Manufacturing
Professional Services
Financial Services
Healthcare
Biotechnology
Energy
Mining
Telecommunications
Media and Entertainment
Aerospace and Defense
Pharmaceutical
Relevant Teams
Legal
Compliance
Research and Development
Information Technology
Information Security
Corporate Development
Business Development
Risk Management
Intellectual Property
Finance
Operations
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Legal Counsel
Chief Technology Officer
Chief Financial Officer
Business Development Manager
Research Director
Project Manager
Compliance Officer
Risk Manager
Intellectual Property Manager
Corporate Development Director
Innovation Manager
Commercial Manager
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